Judge Rejects Psystar's Antitrust Claims Against Apple
from the not-looking-good-for-psystar dept
Back when Apple first sued Psystar, we were afraid that the smaller company wouldn't have much of a legal leg to stand on, even if it claimed antitrust violations by Apple -- which it did. However, the judge in the case is apparently unconvinced, dismissing Psystar's counterclaims, noting that Psystar did not do a very good job establishing that Apple has a monopoly, noting that the relevant market is not just the Macintosh operating system. Psystar can file an amended complaint, but it seems unlikely that the judge is going to buy any antitrust claims. That means the lawsuit, assuming it continues, will probably focus on the enforceability of certain end user license agreements, which could be more interesting anyway.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: antitrust, clones, eula
Companies: apple, psystar
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Re:
While this may be true, it ignores the other side. It would open Apple up to all the problems that MS has had to face over the years, supporting hardware it has no control over. If Apple ever releases their OS for third party use, I think we will see that it is not as perfect as it looks in a controlled environment.
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But Apple is not in business to sell software
Disclaimer: I use various Linux distributions exclusively at home.
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Re: But Apple is not in business to sell software
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Re: But Apple is not in business to sell software
And btw, I also don't appreciate the comment about forcing Microsoft to make OS's without so many problems. Do you honestly think somebody at Microsoft is sitting behind a desk in a big office saying "hey, let's not bother to make our OS run good, because people will buy it anyway?" Microsoft has made mistakes, I'll give you that. They had to backpedal on most of the major new features that were supposed to be in Vista, and actually started over from scratch halfway through the development, because they realized they had bit off more than they could chew. That's why Vista was rushed to market with so many problems, because from the point they started over, they didn't have enough development time left to do it right, and the release was already very, very late.
Now they're fixing a lot of the problems in Windows 7, and adding the features that were supposed to be in Vista. And quite honestly, Vista isn't nearly as bad as you might think. And just remember, Mac OS X has had plenty of issues of its own.
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wtf
I know its techdirt, but really, what is the point of this comment.
lets see another OS that will work with as many different apps and hardware configs as an MS OS.
And dont BS me with any Linux flavours (which is free if your time has no value, or you dream in code)
As for Apple to get back on topic, the T&Cs do clearly state for Apple Hardware, its their IP, and they make a large %age of their $s for hardware and people willing to pay top dollar for pretty looking PCs (personal computers, before anyone gets their knickers in a twist)
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Re: wtf
Or if you enjoy tinkering and learning new things. Although, in truth, I had to learn very little to install Ubuntu on my laptop. Surprisingly, everything worked right off the bat. In daily usage, there are definitely differences, but I have not yet had to do any configuration by command-line. That said, it didn't go so smoothly on my cousin's computer. It took over four hours to load his. On the other hand, I have reloaded Windows on his system twice since then, but the Linux installation (which he uses daily) is still going strong.
Don't get me wrong, though. Windows is definitely an easier user experience, and Linux is never going to replace it for the average home user. With netbooks, Linux may expand it's market share, but it will never be on the level of OSX or Windows.
To your initial point, you're right about the flexibility of Windows. The fact is, XP really doesn't have many problems, no more the OSX. I still have avoided Vista because I want my hardware horsepower going to my apps, no to my OS. So, you are right that Windows is a solid OS, but you were as ridiculous and fanboyish as the poster you responded to in your response.
Last, I don't care what is in the T&Cs. In-the-box T&Cs should not override the inherent right of first sale, nor should Apple be allowed to use artificial restrictions to force the sale of a separate product line.
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Re: wtf
That's a major advantage when you supply hardware and software together, as Apple do - you just don't have to deal with that messiness, and it should be easier to really polish that end-user experience.
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As for mikes comments personally im not sure, if OSX or any other OS from apple was used on non Apple hardare then:
1- price of Mac PCs will certainly drop (similarly to when IBM compatible cam out).
2- More People would use Mac OS (probably) would it be as trouble free as Mac users say it is? never owned a mac so ill have to stick to what I hear) I don't know and frankly i doubt it.
3- would it help Apple? not sure on one side it would open a new market or at least increase Apples market share, but if those Macs with non mac hardware start being unstable it could either help show that Apple with Apple hardware is the way to go or it could show that Apple computers aren't all that after all.
4-Plus if Apple software becomes available to non apple hardware then Apple would be able to keep such margins on there products.
with all that said its no wonder that apple is fighting so hard to keep its system closed.
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Re: small correction
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Re: Re: Again :(
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Re: Re: Re: Again :(
4-Plus, if Apple software becomes available to non apple hardware then Apple would have to lower margins on *their* products.
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Microsoft got slapped down because it was judged that their overwhelming market share gave them power over the application market which they used to the detriment of other application vendors. Apple won't need to worry about this kind of anti-trust suit (in this field) until they can wield that kind of power. They ARE facing this kind of anti-trust suit in Europe over iTunes, which they are being accused of using to leverage the sale of iPods; mostly amusing because that was the intention all along.
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Oh and it'd be nice if OSX would be available on other hardware, if only to force Apple to lower the prices of the Macs. I use one at work and they're great machines, but they do have a steep price tag. Admittedly, the long term cost is usually less because they don't normally require as much maintenance as a PC and don't get as many virusus and such (and before anyone says anything, it wouldn't matter if more people used them, they'd still be as secure as they are now - the underlying architechture is inherently more secure than the x86 architecture upon which Windows is based).
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Pystar is trying to weaken OSX - They are probably funded by MS
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huh?
Every successful company has a leg up on their competition. User-friendly OS X is Apple's. Anti-Trust this or that is just whining about the fact.
You guys talking about Linux and Windows as your preferred OSes, great. Run them on non-mac machines. If Joe and Betty Public had to populate their own code, no one would buy computers except the relatively-few code nerds.
What's next... people bitching that Apple won't let them run their iPod/iPhone software on their crappy smart phones?
Im just messin with ya.
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